Board: Pool contractors cannot collect fees up front

Art Nadler

Thursday, Oct. 30, 1997 | 11:14 a.m.

Because of past problems, swimming pool contractors in Southern Nevada will no longer be permitted to collect large sums of money up front.

At its meeting Wednesday, the state Contractors Board also ruled that upon completion of each phase of construction, homeowners must be given lien releases, so subcontractors can't come back for payment if general contractors don't pay them.

The new changes in the board's regulations were made to coincide with Gov. Bob Miller's emergency swimming pool regulations that took effect this summer. They seek to make general contractors responsible for everything, while attempting to protect homeowners from unscrupulous contractors.

Contractors Board Chairman Kim Gregory lectured a few swimming pool builders who attended the meeting.

"Now you are in the world of used-car salesmen and lawyers," Gregory told them. "You are really at the bottom of the barrel. Now we have to do something to improve this."

William Palmer, owner of Prestige Pools Inc., said consumers still need to beware, because unscrupulous builders didn't pay attention to regulations before and they won't now.

"You cannot legislate morals or ethics," Palmer said. "The regulations will set a bench mark for those contractors who build good pools. The contractors who don't won't pay any attention to the regulations. I think the intent is good, though."

Palmer agreed with a remark by Gregory that enforcement of the regulations will increase the cost of swimming pools. Contractors, he said, will have to hire more people to make sure paperwork is done and the regulations enforced.

Debbie Gifford, owner of Green Valley Pools Inc., said she has no problem with the new regulations.

"They comply with my business practices," she said. "I always collect when a pool is finished. This will get illegitimate contractors out who don't have money and legitimate contractors to manage their money better."

Gregory said of the 134 swimming pool companies in Nevada, only about five have not fulfilled their obligations. He said the board has no problem running these people out of business.

"By the time a complaint comes to us (the board), it is pretty bad," Gregory said. "We will look for people who are ignoring the language of the regulations. If you make any attempt to comply with the law, we will understand."

Gregory stressed that contractors must bill customers for work actually done. Payments of 50 to 75 percent of the total cost, with only holes dug and steel reinforcement rods laid, will not be permitted.

"You can't use the same percentage for each pool," Gregory warned. "Every job is different, and every pool is different."

In the past several years, dozens of Nevada consumers have complained that they paid swimming pool contractors thousand of dollars, only to end up with holes in their back yards and no hopes of getting their money back or their pools finished.